Courtesy Houston division of the Southern District of Texas

Herkimer studs by Isobel + Ezra 

Isabel Borczuch, the owner of Isobel + Ezra, claims that Urban Outfitters began producing earrings very similar to her own Herkimer studs after it received samples of the design.  

The complaint, filed in the Houston division of the Southern District of Texas, says that Borczuch was contacted in August 2014 by an assistant buyer at Urban Outfitters. She responded with line sheets (including “isobel+ezra hold exclusive copyright to all designs” in the heading) and received a request for specific samples, including the Herkimer studs. Through a representative, Borczuch inquired about the status of the samples and possible impending order in November and again in January. She was told the samples had been sent back, though she has yet to receive them. In May, Borczuch visited an Urban Outfitters store in Houston and, according to the complaint, “noticed earrings being offered for sale that were virtually identical to the Herkimer studs samples she had sent to Urban Outfitters.” She purchased the earrings and soon after applied to register her own design with the U.S. Copyright Office. 

Borczuch seeks unspecified damages plus profits attributable to the copyright infringements.

Neither Borczuch nor Urban Outfitters had responded to inquiries by press time. 

Courtesy Houston division of the Southern District of Texas

Second from the bottom, the earrings as merchandized and sold in Urban Outfitters

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